A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability due to shock, mental fluence, etc., which has raised approximately KRW 100 million of money for gambling.

B. The lower court’s sentencing (one year of imprisonment with labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court below did not make a decision on the crime of assault even though the case was prosecuted as a substantive concurrent crime of the crime of bodily injury, the crime of interference with business, and the crime of assault (the case name in the judgment of the court below stated "the crime of assault (e.g., revocation of prosecution)", but there is no evidence to acknowledge that the prosecutor revoked the prosecution in the judgment of the court below]. The court below

However, despite the above reasons for ex officio reversal, the defendant's assertion of mental disability is still subject to the judgment of the court, and this is examined below.

B. According to the records on the assertion of mental and physical disability, the defendant was treated with fear disorder, depression, etc. since around October 1995, and the defendant requested that "I 100 million won was frightened by casino gambling, return it to her, etc." at the hotel located in Gangwon-gu, Gangwon-do, Gangwon-do at the time of the crime of this case at the time of the crime of this case, "I ambened by casino gambling, etc., and attempted to urbly urine or self-harm without permission through several times, but it is recognized that the defendant had committed each crime of this case recognized by the evidence duly investigated and adopted by the court below, and in full view of all the circumstances such as the contents of the crime of this case, the defendant's act before and after the crime of this case, and the circumstances after the crime, etc., the defendant's above assertion cannot be accepted.